Wednesday, September 17, 2008

U.S. v. Drake, No. 06-10073 (9-15-08). The 9th (O'Scannlain) considered whether indictment on local Guam counts but convicted on different charges in federal court violated Speedy Trial rights? The 9th answered "no." The charges were a local Guam robbery and gun counts; the indictment was dismissed and then reindicted, and then transferred to federal court, where he was convicted on Hobbs Act. The 9th found there were no constitutional violation under Barker because of lack of prejudice, and the actions of the defendant. Under the Speedy Trial Act, there was also no violation, as the "other charges" exception fit this case, and the motions of the defendant. The 9th also found that there was reasonable suspicion to stop defendnat's car because of its high rate of speed and proximity to the robbery in space and time. The show up was also not prejudicial.
Moses v. Payne, No. 07-35468 (9-15-08). The 9th upheld a state murder conviction. The petitioner argued that the state court erred in precluding a defense expert who would testify about the victim's (spouse) mood swings and depression that could have resulted in her death. The 9th found that AEDPA's deference was not so unreasionable. The 9th also upheld the evidentiary introduction of expert's conclusions of homicide, and the introduction of prior diary writings by the victim. Gould dissented.


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